-----Original Message-----
From: easlavin
To: NPiros; RWallsh ; jashton
Sent: Thu, Jul 30, 2015 5:42 pm
From: easlavin
To: NPiros
Sent: Thu, Jul 30, 2015 5:42 pm
Subject: Re: Michelle O'Connell Open Records Request -- Request for Mediation by State Attorney General's Office on Unreasonable Delays and Costs Threats re: Urgent Request
Dear Mr. Ashton, et al:
A. It is now after 5:35 PM and your more than 100-lawyer office has not responded to my concerns and questions about your delays in responding to my July 29, 2015 requests. This is a deviation from the standard of care that we expect of our Florida government attorneys concerning our urgent Open Records requests.
B. Not one (1) document has been provided. Why?
C. This is unacceptable -- first your more than 100-lawyer office released a press release and an odd, disorganized, ineptly written, thinly researched "investigation." Then the next day you go on vacation, while your 100-lawyer office ducks my document requests. Why? You must answer for your investigator's cabined approach to a matter of international interest. The whole world is watching.
D. Please direct your staff to preserve all documents requested for examination by FBI Corruption Task Force, and future response to my requests. Please acknowledge this request.
E. Please provide all requested documents by tomorrow, Friday, July 31, 2015, by 5 PM, by E-mail.
F. I am an experienced FOIA requester who was "present at the creation" of FOIA as a freshman intern in Senator Ted Kennedy's office, taking EMK's press release to three Senate press galleries after the Senate overrode President Ford's veto on November 21, 1974. Among other events, I later won declassification of the largest mercury pollution event in world history in Oak Ridge, Tennessee and was recommended for a Pulitzer Prize for it by Anderson County, Tennessee District Attorney General James Nelson Ramsey. From this time forward, I expect to be treated respectfully by your office. Enough delay.
G. Please call me to discuss the etiology of your information "policy."
H. My own "policy" is never to indulge government lawbreaking. As Justice Louis Brandeis wrote, in Olmstead v. United States , 277 U.S. 438 (1928)(dissenting): " Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. "
Thank you.
With kindest regards, I am,
Sincerely,
Ed Slavin
904-377-4998
-----Original Message-----
From: easlavin
To: NPiros; RWallsh ; jashton
Sent: Thu, Jul 30, 2015 1:19 pm
To: NPiros
Sent: Thu, Jul 30, 2015 1:19 pm
Subject: Re: Michelle O'Connell Open Records Request -- Request for Mediation by State Attorney General's Office on Unreasonable Delays and Costs Threats re: Urgent Request
Dear Mr. Ashton, et al.:
1. Please refer my request to a lawyer. 2. Please start providing documents by PDF by close of business today.
3. I have called Assistant Attorney General Ms. Pat Gleason to report SAO9's unreasonable delays -- "several days" to prepare an "estimate!"
4. These delays are unacceptable, and must be ended at once -- We, the People have a Right to Know.
5. There's no principled or lawful reason to delay a full response to this request today, especially given the extraordinary public interest and international news media coverage to date.
See, e.g.:
The New York Times, "Two Gunshots on a Summer Night" by Walt Bogdanich & Glenn Silber (November 24, 2013): http://www.nytimes.com/projects/2013/two-gunshots/PBS/Frontline, "A Death in St. Augustine (November 26, 2013):
http://www.pbs.org/wgbh/pages/frontline/death-in-st-augustine/
http://www.pbs.org/wgbh/pages/frontline/death-in-st-augustine/
NBC News Dateline, "Two Shots Fired" (April 18, 2014):
http://www.nbcnews.com/dateline/full-episode-two-shots-fired-n84816
Folio Weekly: Jeff Billman, "Somebody's lying -- An activist accuses the St. Augustine Record of bowing to pressure from Jeremy Banks' attorney. The paper accuses her of spreading misinformation" (September 17, 2014), http://folioweekly.com/SOMEBODYS-LYING-ST-AUGUSTINE-RECORD-ACTIVIST-JEREMY-BANKS,10912
Dr. Phil, "The Mystery of Michelle O'Connell" (November 3, 2014): http://www.drphil.com/shows/show/2298
Folio Weekly, "Murder, He Wrote," by Susan Cooper Eastman (November 19, 2014), http://cleanupcityofstaugustine.blogspot.com/2014/11/michelle-oconnell-shooting-read-folio.html
Folio Weekly, "The Proxy War," by Derek Kinner (March 4, 2015): http://cleanupcityofstaugustine.blogspot.com/2015/03/folio-weekly-deputy-jeremy-banks-and.html
http://www.nbcnews.com/dateline/full-episode-two-shots-fired-n84816
Folio Weekly: Jeff Billman, "Somebody's lying -- An activist accuses the St. Augustine Record of bowing to pressure from Jeremy Banks' attorney. The paper accuses her of spreading misinformation" (September 17, 2014), http://folioweekly.com/SOMEBODYS-LYING-ST-AUGUSTINE-RECORD-ACTIVIST-JEREMY-BANKS,10912
Dr. Phil, "The Mystery of Michelle O'Connell" (November 3, 2014): http://www.drphil.com/shows/show/2298
Folio Weekly, "Murder, He Wrote," by Susan Cooper Eastman (November 19, 2014), http://cleanupcityofstaugustine.blogspot.com/2014/11/michelle-oconnell-shooting-read-folio.html
Folio Weekly, "The Proxy War," by Derek Kinner (March 4, 2015): http://cleanupcityofstaugustine.blogspot.com/2015/03/folio-weekly-deputy-jeremy-banks-and.html
6. Thus, I have requested mediation by Assistant Attorney General Ms. Pat Gleason on the excessive delay, questionable policy and threatened cost issues.
7. The whole world is watching -- please provide all requested documents as required by Article I, Section 24 of our Florida Constitution and F.S. 119.
Please call to discuss.
Thank you in advance for your full cooperation.
With kindest regards, I am.
Sincerely yours,
Ed Slavin
904-377-4998
-----Original Message-----
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 12:39 pm
Subject: RE: Michelle O'Connell Open Records Request
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 12:39 pm
Subject: RE: Michelle O'Connell Open Records Request
- We are sorry to disappoint you but given the extent of the documentation requested it is not unreasonable for this office to need several days to send you an estimate.
- Sorry, but that will not be possible.
- There are no approvals of, comments on or review of the State Attorney’s policy to our knowledge.
- Prior policy is attached for your review.
- FRP stands for Florida Registered Paralegal.
- Lisa Wright, at lwright@sao9.org.
- This office is already in possession of this resource. Thank you for calling it to our attention anyway.
- This office is already aware of the constitutional provision. Thank you for calling it to our attention anyway.
This office takes its responsibility to comply with the public records law seriously. Any and all delay is not designed to cause you any inconvenience. Florida law requires us to remove all exempt and confidential information prior to release and this is a time consuming process. Once again, we apologize if we are unable to meet your expectations.
Noel King Piros, FRP
Executive Assistant to Richard I. Wallsh,
Chief Assistant State Attorney/Executive Director
Chief Assistant State Attorney/Executive Director
Office of the State Attorney
9th Judicial Circuit
415 N. Orange Avenue
Orlando, Florida 32801
(407) 836-2495
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, July 30, 2015 11:53 AM
To: Piros, Noel
Sent: Thursday, July 30, 2015 11:53 AM
To: Piros, Noel
Subject: Re: Michelle O'Connell Open Records Request
1. This won't wait -- "a few days" to prepare an "estimate" is not reasonable. F.S. 119.
2. Need documents today, please, by e-mailed PDFs.
3. Please send copies of any approvals of, comments on or review of your "policy" from State Attorney General's office.
4. Please send research and recommendations leading to "policy," and any prior "policy" it replaced.
5. What is FRP?
6. Please give me the name and contact information for your IT person.
7. Please see the Attorney General's Manual on the Florida Sunshine and Open Records Law.
8. Please see Article I, Section 24 of our Florida Constitution, enacted in 1992 by vote of 3.8 million Florida voters (some 83%). It is the controlling legal authority.
Thank you.
Thank you.
-----Original Message-----
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 11:44 am
Subject: RE: Michelle O'Connell Open Records Request
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 11:44 am
Subject: RE: Michelle O'Connell Open Records Request
Yes, charges are applicable for electronic records for staff time to compile, review and redact (if necessary) the records requested. You do not get charged the copy fee if you receive electronic records. There are also charges for the CDs/DVDs used to supply the records in electronic form. Please see paragraphs #3, 4, 5, & 6 in our attached policy.
I should have the estimate to you within a few days.
Thank you.
Noel King Piros, FRP
Executive Assistant to Richard I. Wallsh,
Chief Assistant State Attorney/Executive Director
Chief Assistant State Attorney/Executive Director
Office of the State Attorney
9th Judicial Circuit
415 N. Orange Avenue
Orlando, Florida 32801
(407) 836-2495
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, July 30, 2015 11:40 AM
To: Piros, Noel
Sent: Thursday, July 30, 2015 11:40 AM
To: Piros, Noel
Subject: Re: Michelle O'Connell Open Records Request
Thank you.
Not asking for photocopies -- only electronic copies.
No charges applicable.
Thank you again.
-----Original Message-----
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 11:16 am
Subject: RE: Michelle O'Connell Open Records Request
From: Piros, Noel <NPiros@sao9.org>
To: 'easlavin@aol.com' <easlavin@aol.com>
Sent: Thu, Jul 30, 2015 11:16 am
Subject: RE: Michelle O'Connell Open Records Request
Good morning, Mr. Slavin –
This email is to acknowledge receipt of your public records request regarding the Michelle O’Connell investigation. I am attaching a copy of our Public Records Policy for your review. Per the attached policy, I will email you an estimate for preparing the documents you requested shortly. Once payment on the estimate is received, we will begin processing your request.
Thank you!
Noel King Piros, FRP
Executive Assistant to Richard I. Wallsh,
Chief Assistant State Attorney/Executive Director
Chief Assistant State Attorney/Executive Director
Office of the State Attorney
9th Judicial Circuit
415 N. Orange Avenue
Orlando, Florida 32801
(407) 836-2495
From: Wallsh, Richard
Sent: Thursday, July 30, 2015 10:56 AM
To: Piros, Noel
Subject: FW: Michelle O'Connell Open Records Request
Sent: Thursday, July 30, 2015 10:56 AM
To: Piros, Noel
Subject: FW: Michelle O'Connell Open Records Request
Richard I. Wallsh, Esq.
Chief Assistant/Executive Director
Office of the State Attorney
9th Judicial Circuit
415 N. Orange Avenue
Orlando, Florida 32801
407-836-2495
From: easlavin@aol.com [mailto:easlavin@aol.com]
Sent: Thursday, July 30, 2015 10:40 AM
To: Wallsh, Richard
Subject: Fwd: Michelle O'Connell Open Records Request
Sent: Thursday, July 30, 2015 10:40 AM
To: Wallsh, Richard
Subject: Fwd: Michelle O'Connell Open Records Request
-----Original Message-----
From: easlavin <easlavin@aol.com>
To: jashton <jashton@sao9.org>Sent: Wed, Jul 29, 2015 9:10 pm
To: jashton <jashton@sao9.org>Sent: Wed, Jul 29, 2015 9:10 pm
Subject: Michelle O'Connell Open Records Request
Dear Mr. Ashton:
A. This is an Open Records Request pursuant to Article I, Section 24 of our Florida Constitution and F.S. 119 for all Michelle O'Connell related documents in electronic format, including all metadata, including but not limited to:
1. Grand Jury transcripts,
2. Grand Jury subpoenas,
3. Witness interviews,
4. Travel authorizations, investigator and attorney time records and expense reports,
5. Budget documents,
6. Affidavits and depositions,
7. Exhumation authorizations/discussions,
8. Witness, target and subject letters,
9. Investigator contacts with Michelle O'Connell family (if any),
10. September 2, 2010 and prior Officer-Involved Domestic Violence (OIDV) events
11. September 2, 2010 shooting and sequelae,
12. Possible spoliation of evidence,
13. Possible false statements
14. Possible obstruction of justice,
15. Possible civil rights violations,
16. The water usage records for 4700 Sherlock Place on September 2-3, 2010 as reflected by Johnson Controls, Inc. smart water meter records,
17. The timeline for the events of September 2-3, 2010.
18. Instructions to investigators
19. The Investigator's Manual for SAO9
20. Differing staff views on the investigation and report
21. All drafts of the report and the final copy
22. All contacts with Sheriff DAVID BERNARD SHOAR, Deputy JEREMY BANKS, counsel and confederates and those acting in concert with them
23. All contacts with FDLE and Special Agent Rusty Ray Rodgers
24. All press releases and draft press releases
25. All voicemails, e-mails and text messages
26. Contacts with Governor RICHARD LYNN SCOTT and his staff.
B. Please send me PDFs of these and any and all other documents on your "investigation" of the Michelle O'Connell matter by Noon on July [30], 2015.
C. Please provide a Vaughn index for any documents withheld or any redactions.
D. Please call me to discuss your investigation.
E. We, The People have a Right to Know.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
No comments:
Post a Comment